Section 31 in Protection of Plant Varieties and Farmers' Rights Rules, 2003
31. Notice of opposition under sub-section (2) of section 21. - (1) Any interested person, may within three months from the date of advertisement of an application for registration, may give a notice of opposition to the registration of a plant variety in Form PV-3 of the First Schedule.
(2)The fee payable for filing an opposition referred to in sub-rule (1) shall be as specified in column (3) of the Second Schedule:Provided that no such fee shall be payable in respect of an opposition made by a farmer or group of farmers, or village community.(3)A copy each of the notice of opposition received against a specific application shall be referred to the applicant by the Registrar within three months from the last date of filing of opposition.(4)An applicant shall be entitled to submit point-wise counter statement to the opposition not later than two months from the date of service of the copy of the notice of opposition, [* * *].(5)Every counter-statement under sub-rule (4) shall be in Form PV-4 of the First Schedule.(6)The copies of counter to opposition submitted by the applicant within the time specified in sub-rule (4), shall be conveyed to the person opposing the application, within a period of thirty days of its receipt, requiring the opposing person to submit the final opposition within a period of thirty days from the date of service of the counter from the applicant.(7)The Registrar, may at his discretion, allow any correction of error or amendments in the notice of opposition or counter-statement if such alteration is requested by the persons concerned in writing.(8)(a)The security referred to in sub-section (8) of section 21 shall be payable as an amount decided by the Authority.(b)In case the opposition is found to be frivolous, the Registrar may direct payment of cost as determined by him to the applicant from out of the security amount received and the balance of the security amount shall be deposited in the Authority.(c)In case the opposition succeeds, the security amount shall be refunded to the opposition party.
